Punjab

Sangrur

CC/458/2016

Gurwinder Kaur - Complainant(s)

Versus

The Phaguwala CASS - Opp.Party(s)

Shri Azadvinder Ashta

30 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

                                                                        Complaint No. 458

Instituted on:    20.07.2016

                                                                        Decided on:      30.01.2017

 

1.     Gurwinder Kaur wife of Jaggar Singh son of Amarjit Singh;

2.     Gurpreet Kaur daughter of Jaggar Singh;

3.     Jaspreet Singh minor (15 years) son of Jaggar Singh, through her mother Gurwinder Kaur, resident of Phaguwala, Tehsil and District Sangrur.

                                                          …. Complainants

       

                                         Versus

 

1.     The Phaguwala CASS Limited through its Secretary, Phaguwala;

2.     The Sangrur Central Co-operative Bank Ltd. Branch Bhawanigarh, Through its Branch Manager.

3.     Bharti AXA General Insurance Company Limited through its Branch Manager, 2^nd Floor, Deep Complex, Goniana Road, Bathinda;

4.     Bharti AXA General Insurance Company Limited, through its Managing Director, 1^st Floor, Ferns Icon, Survey No.28, Doddanakundi Village, K.R. Puram Hobli Bangalore.                      

                                                        ….Opposite parties.

 

 

FOR THE COMPLAINANT  :         Shri Parminder Singh, Advocate                          

FOR OPP. PARTY No.1         :  Shri Amarbir Singh Mann,  Advocate                    

FOR OPP. PARTY No.2         :  Exparte.

FOR OPP.PARTY No.3&4     :  Shri G.S. Shergill, Adv.                    

 

 

Quorum

         

                   Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

                 

ORDER BY:     

 

Sukhpal Singh Gill, President.

 

1.             Smt. Gurwinder Kaur, Gurpret Kaur and Jaspreet Singh, complainants (referred to as complainants in short) have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the husband of the complainant number 1 and father of the complainants number 2 and 3, Shri Jaggar Singh was  having an account number 683 with the OP number 1  and the OP number 1 deducted an amount of Rs.5/- from the account of Shri Jaggar Singh and was got insured with the Ops number 3 and 4 for Rs.50,000/- in case of accidental death.   Further case of the complainants is that Shri Jaggar Singh (referred to as DLA in short) was coming on his motorcycle on 28.12.2011 from Bhawanigarh to Phaguwala and when reached near Phagguwala-Sunam crossing and he turned the motorcycle to Phaguwala, then a bus bearing number PB-11-AR-9921 came on very speed and struck into the motorcycle and the DLA suffered multiple injuries at the spot and when he was brought to Civil Hospital, he was declared dead.  FIR number 166 dated 28.12.2011 was also registered against the bus owned by Sidhu Roadways (Regd) Patiala and the postmortem on the dead body of the DLA was also conducted at Civil Hospital Sangrur. It is further averred that thereafter the complainant approached the Ops so many times to pay the claim, but all in vain.  As such the complainant filed a complaint before this Forum, which passed an order dated 14.6.2015 with a direction to the complainant to submit the documents to the Ops, but nothing happened even thereafter. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the OPs be directed to pay to the complainant a sum of Rs.50,000/- as claim amount under the policy along with interest @ 12% per annum and further claimed compensation for mental agony, harassment and litigation expenses.

 

2.             In reply filed by OP No.1,  it is stated that the DLA was insured with the Op number 3 and 4 through OP number 1 after deposit of Rs.5/- for Rs.50,000/- in case of accidental death. It is stated that the documents have been forwarded to the higher authorities for taking the necessary action.  The other allegations leveled in the complaint have been denied.  However, any deficiency in service on the part of the OP has been denied.

 

3.             Record shows that the OP number 2 did not appear despite service, as such OP number 2 was proceeded exparte.

 

4.             In reply filed by Ops number 3 and 4, preliminary objections are taken up on the grounds that the complaint is hopelessly barred by time as the DLA died on 28.12.2011, that the complaint is false, frivolous, vague and vexatious in nature and the complaint is not maintainable.  On merits, it is denied that the DLA was insured. However, it is submitted that the OP number 2 insured 1,13,763/- unnamed members for Rs.50,000/- each in case of accidental death. It has been totally denied that Ops number 1 and 2 ever lodged any claim with the Ops number 3 and 4. It is stated further that when the complainants have not lodged any claim, then they are not liable to get any claim.  It is further stated that the record shows that the complainant filed the complaint against Bharti AXA Life Insurance Company Limited and the documents were also sent to Bharti AXA Life Insurance Company Limited, whereas the Ops deals in the business of General Insurance and have separate entity from Bharti AXA Life.  It is stated that since the complainants have not lodged any claim with the Ops, they are not liable to pay any claim.

 

5.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 copy of PMR, Ex.C-3 copy of policy, Ex.C-4 envelope, Ex.C-5 copy of legal notice, Ex.C-6 postal receipt, Ex.C-7 copy of passbook of front page, Ex.C-8 copy of FIR, Ex.C-9 copy of certified order dated 15.5.2015, Ex.C-10 copy of account ledger, Ex.C-11 copy of list of insured members, Ex.C-12 copy of DL, Ex.C-13 copy of death certificate, Ex.C-14 copy of passbook and closed evidence. On the other hand, the learned counsel for OP number 1 has produced Ex.OP1/1 affidavit and closed evidence. The learned counsel for OP number 3 and 4  has produced Ex.Op3&4/1 affidavit and closed evidence.

 

6.             We have very carefully perused the complaint, written reply, as well as evidence produced on the file and heard the arguments of the learned counsel for the parties. In our opinion, the complaint deserves dismissal, for these reasons.

 

7.             It is an admitted fact that the DLA was insured under the policy in question for Rs.50,000/- in case of accidental death for the period from 29.09.2011 to 28.09.2012.  It is further an admitted fact that the DLA died in an accidental death on 28.12.2011, as is evident from the copy of the post mortem report, Ex.C-2.  But, the grievance of the complainant is that the OPs number 3 and 4 have not settled the claim of the complainant.   On the other hand, the stand of the Ops number 3 and 4 is that the complainants never lodged the claim with the Ops number 3 and 4 nor gave any intimation about the death of the DLA, as such, the question of settling the claim on their part does not arise at all.  The Ops number 3 and 4 in their written reply in para number 3(v) has clearly mentioned that “….when the complainant did not approached the answering respondent then there was no occasion to put off the matter on one pretext or another. It is denied for want of knowledge that the complainant filed any complaint before the Hon’ble Forum and the same was decided on 14.6.2015. A bare perusal of the document attached with the complaint would show that the complainant filed the complaint against Bharti AXA Life Insurance Co. Ltd. and the alleged document was also send to Bharti AXA Life Insurance Co. Ltd. whereas the answering respondent deals in the business of General Insurance and have separate entity from Bharat AXA Life.  Even the present complaint has been filed by the complainant against Bharti AXA 2^nd Floor, Deep Complex, Goniana Road, Bathinda which is the address of Bharti AXA Life Insurance and initially Bharati AXA Life Insurance appears through their counsel before the Hon’ble Forum and after taking the objecting regarding maintainability of the complaint against Bharti AXA Life….”.  As such, it is contended vehemently by the learned counsel for the Ops number 3 and 4 that the complainant is not entitled to get any relief as they have not even filed the complaint against the Bharti AXA General Insurance Company Limited.  Further it is contended by the learned counsel for the Ops number 3 and 4 that the DLA died on 28.12.2011 and the present complaint filed on 20.07.2016 is also barred by limitation, whereas the complaint should be filed by the complainant within two years of cause of action meaning thereby the complainant should file the present complaint on or before 28.12.2013.  We may mention that the complainant has not produced on record even a single document to show that he ever intimated the Ops about the accidental death of the DLA.  There is no explanation from the side of the complainants that why they did not immediately intimate the Ops number 3 and 4 about the accidental death of the DLA to get the insurance claim under the policy.  In the circumstances of the case, since the complainants have not lodged the claim with the Ops, as such, we are unable to pass any order against the Ops to pay/settle the claim.     

 

8.             In view of the above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.     

Pronounced.

 

                January 30, 2017.

 

 

 

                                                (Sukhpal Singh Gill)                                                                                                                                      

                                                                President

 

 

                                                             

                                                             (Sarita Garg)

                                                                  Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                 Member